09-29-2003, 12:17 PM
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Join Date: Oct 2004
Location: South Carolina
Posts: 1,511
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Filed my first UCC FS against a debtor
<FONT face="courier new, courier, mono">Today I</FONT> sent of my first UCC FS against a debtor who is in default. Just to be sure I did things correctly, here is the document lineup that I sent the Secretary of State in the debtor's state:
UCC FINANCING STATEMENT, w/box 7. checked to receive certified search report.&
UCC FINANCING STATEMENT ADDENDUM
AFFIDAVIT OF OF DEBT, notorized, with the following attachents:
<LI>Notice by Written Communication/Security Agreement sent Debtor.
<LI>Affidavit of Mailing for Notice by Written Communication/Security Agreement sent Debtor.
<LI>(USPS) PS Form 3811 re Notice by Written Communication/Security Agreement
<LI>Invoice - Verified Statement of Account, with attachments sent Debtor.
<LI>Affidavit of Mailing re Invoice - Verified Statement of Account.
<LI>USPS) PS Form 3811 re Invoice - Verified Statement of Account.</LI>
Hopefully I did this correctly. Let me know if I missed something or could make improvements on this process.
Sui Juris
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__________________
When a statute, code, or court holding changes tomorrow, does reality change? Does truth change? Does right and wrong change?
If so, there are no absolutes, and the only logical conclusion is that reality, truth, and right and wrong are determined arbitrarily on a daily basis by those with the most power, guns, and money, and the rest of us can choose to run, fight, or be their slaves.
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09-29-2003, 12:17 PM
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Come and Get Some!
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Join Date: Oct 2004
Location: South Carolina
Posts: 1,511
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Filed my first UCC FS against a debtor
<FONT face="courier new, courier, mono">Today I</FONT> sent of my first UCC FS against a debtor who is in default. Just to be sure I did things correctly, here is the document lineup that I sent the Secretary of State in the debtor's state:
UCC FINANCING STATEMENT, w/box 7. checked to receive certified search report.&
UCC FINANCING STATEMENT ADDENDUM
AFFIDAVIT OF OF DEBT, notorized, with the following attachents:
<LI>Notice by Written Communication/Security Agreement sent Debtor.
<LI>Affidavit of Mailing for Notice by Written Communication/Security Agreement sent Debtor.
<LI>(USPS) PS Form 3811 re Notice by Written Communication/Security Agreement
<LI>Invoice - Verified Statement of Account, with attachments sent Debtor.
<LI>Affidavit of Mailing re Invoice - Verified Statement of Account.
<LI>USPS) PS Form 3811 re Invoice - Verified Statement of Account.</LI>
Hopefully I did this correctly. Let me know if I missed something or could make improvements on this process.
Sui Juris
&
__________________
When a statute, code, or court holding changes tomorrow, does reality change? Does truth change? Does right and wrong change?
If so, there are no absolutes, and the only logical conclusion is that reality, truth, and right and wrong are determined arbitrarily on a daily basis by those with the most power, guns, and money, and the rest of us can choose to run, fight, or be their slaves.
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09-29-2003, 02:30 PM
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Come and Get Some!
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Join Date: Oct 2004
Location: Texas
Posts: 2,837
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Re:Filed my first UCC FS against a debtor
Sui Juris,
I have been told never to file anything with your UCC FS.& the only thing that should be filed is the FS itself.& If those documents need to be seen, then you should produce them upon request.
__________________
"FOR AS HE THINKETH IN HIS HEART, SO IS HE."
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09-29-2003, 02:30 PM
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Come and Get Some!
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Join Date: Oct 2004
Location: Texas
Posts: 2,837
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Re:Filed my first UCC FS against a debtor
Sui Juris,
I have been told never to file anything with your UCC FS.& the only thing that should be filed is the FS itself.& If those documents need to be seen, then you should produce them upon request.
__________________
"FOR AS HE THINKETH IN HIS HEART, SO IS HE."
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09-29-2003, 02:33 PM
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Come and Get Some!
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Join Date: Oct 2004
Location: South Carolina
Posts: 1,511
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Re:Filed my first UCC FS against a debtor
<FONT face="courier new, courier, mono">I understand that it is the job of the Secured Party to make sure they are authorized to file the UCC FS, but I was not aware that the filing officer will just assume that the proper authorization exists. That is why I sent the supporting docs.</FONT>
<FONT face="Courier New">So you would send ONLY the UCC FS, without even a copy of the security agreement?</FONT>
__________________
When a statute, code, or court holding changes tomorrow, does reality change? Does truth change? Does right and wrong change?
If so, there are no absolutes, and the only logical conclusion is that reality, truth, and right and wrong are determined arbitrarily on a daily basis by those with the most power, guns, and money, and the rest of us can choose to run, fight, or be their slaves.
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09-29-2003, 02:33 PM
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Come and Get Some!
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Join Date: Oct 2004
Location: South Carolina
Posts: 1,511
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Re:Filed my first UCC FS against a debtor
<FONT face="courier new, courier, mono">I understand that it is the job of the Secured Party to make sure they are authorized to file the UCC FS, but I was not aware that the filing officer will just assume that the proper authorization exists. That is why I sent the supporting docs.</FONT>
<FONT face="Courier New">So you would send ONLY the UCC FS, without even a copy of the security agreement?</FONT>
__________________
When a statute, code, or court holding changes tomorrow, does reality change? Does truth change? Does right and wrong change?
If so, there are no absolutes, and the only logical conclusion is that reality, truth, and right and wrong are determined arbitrarily on a daily basis by those with the most power, guns, and money, and the rest of us can choose to run, fight, or be their slaves.
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09-29-2003, 04:07 PM
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Banned User
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Join Date: Oct 2004
Location: Indiana
Posts: 1,866
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Re:Filed my first UCC FS against a debtor
Filing docs with an FS against a Debtor is okay.& This gives it a legit look... but it is not necessary.
Never file any of your "personal" docs with FS against STRAWMAN... only make reference to them.
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09-29-2003, 04:07 PM
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Banned User
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Join Date: Oct 2004
Location: Indiana
Posts: 1,866
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Re:Filed my first UCC FS against a debtor
Filing docs with an FS against a Debtor is okay.& This gives it a legit look... but it is not necessary.
Never file any of your "personal" docs with FS against STRAWMAN... only make reference to them.
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09-29-2003, 04:23 PM
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Come and Get Some!
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Join Date: Oct 2004
Location: South Carolina
Posts: 1,511
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Re:Filed my first UCC FS against a debtor
<FONT face="courier new, courier, mono">Once a UCC FS is accepted & filed, what different methods can the debtor attempt in court to have it removed? I have seen some discussion on this elsewhere but it was not very helpful.</FONT>
__________________
When a statute, code, or court holding changes tomorrow, does reality change? Does truth change? Does right and wrong change?
If so, there are no absolutes, and the only logical conclusion is that reality, truth, and right and wrong are determined arbitrarily on a daily basis by those with the most power, guns, and money, and the rest of us can choose to run, fight, or be their slaves.
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09-29-2003, 04:23 PM
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Come and Get Some!
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Join Date: Oct 2004
Location: South Carolina
Posts: 1,511
|
|
|
Re:Filed my first UCC FS against a debtor
<FONT face="courier new, courier, mono">Once a UCC FS is accepted & filed, what different methods can the debtor attempt in court to have it removed? I have seen some discussion on this elsewhere but it was not very helpful.</FONT>
__________________
When a statute, code, or court holding changes tomorrow, does reality change? Does truth change? Does right and wrong change?
If so, there are no absolutes, and the only logical conclusion is that reality, truth, and right and wrong are determined arbitrarily on a daily basis by those with the most power, guns, and money, and the rest of us can choose to run, fight, or be their slaves.
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